HomeMy WebLinkAbout69-34 - Attorney General - Authorizing Asphalt Monopoly ProceedingsRESOLUTION No. 69-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA AUTHORIZING THE ATTORNEY GENERAL
OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS
WHEREAS, the City of Costa Mesa, (hereinafter called Public End
User) has purchased asphaltic petroleum products (hereinafter called
products) either directly or indirectly; and
WHEREAS, it appears that the suppliers of these products and
other persons have acted in violation of the antitrust laws of the
United States and of the State of California, and that Public End
User, in the purchase of these products may have paid more then would
have been paid if lawful competitive conditions had prevailed; and
WHEREAS, the Attorney General of California, acting in his official
capacity to protect and further the legal interests of the State, its
political subdivisions and agencies, has offered to act as the legal
representative of Public End User in connection with these matters;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Costa Mesa that the Attorney General of Califbrnia is hereby auth-
orized by Public End User, acting through its duly constituted governing
body, to take any and all legal action and proceedings that he may deem
appropriate to recover for Public End User such monetary damages and
other compensation to which it may be entitled under applicable law,
federal or state, by reason of legal injuries received in the course
of purchasing said products. In so acting as attorney on behalf of
Public End User, the Attorney General may, among other things:
1. Determine in his discretion what product transactions by
Public End User, if any, would be brought to suit.
2. Join all or any part of the claims of Public End User in
legal proceedings with all or any part of similar claims in any
manner he may deem appropriate.
3. Settle, compromise, or dismiss all or any part of any claims
of Public End User involved in such proceedings in any manner he
may deem appropriate.
4. Distribute in such manner as may be determined or approved by
the Court any money or other recoveries received from the defendants
in such proceedings, whether by settlement, suit or otherwise, to
the State, its political subdivisions and public agencies, including
Public End User, which are parties to said proceedings, (excepting
the amount of attorney's fees, costs and expenses determined or
approved by the Court to be taxed to Public End User only from its
share of any recovery and only in the event of a recovery); and
BE IT FURTHER RESOLVED, that such amount of attorney's fees, costs end
expenses incurred by the State in connection with said proceedings as may
be determined or approved by the Court, shall be paid into the State
Treasury for services rendered and costs and expenses incurred by the
Office of the Attorney General; and
BE IT FURTHER RESOLVED, that Public End User will provide to the
Attorney General the necessary data identifying the transactions on which
the Public End User seeks to claim damages in the legal proceedings
authorized by this resolution, and that Public End User shall provide the
personnel necessary to accumulate from the records of Public End User the
documents and other materials necessary to prepare and submit damage claims
in these proceedings.
PASSED AND ADOPTED this 21st day of April, 1969.
ATTEST: Public End User, above named, by:
City Clerk of the City of Costa Mesa Mayor of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
The undersigned hereby certifies that he is the duly qualified and
acting City Clerk of the Public End User named above and that the above
and foregoing is a full, true and correct copy of a resolution duly and
regularly adopted by the City Council thereof at a regular meeting held
on the 21st day of April, 1969, at which a quorum was present.
DATED: April 22, 1969
City Clerk of the City of Costa Mesa
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